On The Protection Of Consortium In China

The spouse relationship is one of the important spindles of the Marriage Law.The rights and obligations of spouse can be divided into paternity right and property rights.The consortium(including the rights and obligations of spouses)discussed in this paper refers to the rights and obligations of both men and women to each other based on the legal marriage relationship.The consortium in this paper is a pure spouse right.Due to the impact of equality between men and women,more and more disputes between spouses are now claimed.Because of the more identity interests existed between husband and wife,the extension of consortium rights and protection mode has been the focus of academic study.This paper will provide reference for the construction of consortium protection system through the determination of consortium extension and so on.This paper is divided into four parts.The first part contains the history and the development of consortium,defines the concept,and analyzes its essence.The legal characteristics of consortium are discussed theoretically.The second part studies the judicial practice of consortium in Taiwan region,the United States and mainland China.The system of marriage is not identical with each other,but they all pay much attention to the consortium.The longitudinal understanding of other countries and regions on the judicial practice of consortium helps to understand the development trend and value orientation of consortium right protection.The third part combines the essence of marriage,the characteristics of rights and the necessity of rights protection,discusses the extension of consortium rights.The extension of consortium rights has many views,such as generalized,narrowed theory and the narrowest theory,so the extension of consortium rights is a prerequisite of consortium rights protection.The fourth part bases on the above theory and practice,discusses whether the behavior of " third person" has the possibility of infringement of the right,whether the protection can be protected according to tort liability,and finally combining the feasibility and improving consortium protection.